TIBREWALA REALTORS PVT. LTD. Vs. SHRI PREMCHAND JAISWAL

JUDGEMENT

(1.) Heard Mr. Debrup Bhattacharjee, learned Counsel being assisted by P.K. Tulsian representing the petitioner. Heard also Mr. Biswajit Basu being assisted by his juniors representing the opposite party no.1. Heard also Mr. Debanik Banerjee representing opposite party nos.2 and 3.

(2.) This revisional application under Art. 227 of the Constitution of India has been directed by the petitioner/defendant no.3 assailing the order dated 15th March, 2016 passed by the learned Civil Judge (Senior Division), 3rd Court, Howrah in Title Suit No. 231 of 2011 (Shri Premchand Jaiswal Vs. Keshore Trading Co. Pvt. Ltd. and Ors) by which the learned Trial Judge rejected the application filed under Order 7, Rule 11 of the Code of Civil Procedure proposing to reject the plaint alleging the same as barred under law.

(3.) Mr. Bhattacharjee tried to impress upon the court that the learned Trial Judge failed to appreciate the provision laid down under Sec. 397 of the Companies Act as well as proviso appended to Sec. 2(27) of the Companies Act, although, there was jurisdictional bar to adjudicate the suit of the present nature in the civil court. In support of his contention he relied upon the case of Mrs. Bacha F. Guzdar, Bombay Vs. Commissioner of Income Tax, Bombay reported in AIR 1955 SC 74 and in the case of T. Arivandandam Vs. T. V. Satyapal and Another reported in AIR 1977 SC 2421. He also relied upon the case of Surya Dev Rai Vs. Ram Chander Rai and Ors. reported in (2003)6 SCC 675.